Brown v. Burton

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

ORLANDO BROWN,

Petitioner, Case No. 19-cv-12741

Hon. Matthew F. Leitman v.

DEWAYNE BURTON,

Respondent. __________________________________________________________________/ ORDER GRANTING PETITIONER’S SECOND

REQUEST FOR AN EXTENSION OF TIME (ECF No. 16)

Petitioner Orlando Brown is a state prisoner in the custody of the Michigan Department of Corrections. On September 19, 2019, Brown filed a pro se habeas corpus petition under 28 U.S.C. § 2254. (See Pet., ECF No. 1.) After Respondent filed an answer in opposition to the habeas petition, Brown asked the Court to stay the federal proceedings while he exhausted state remedies for several new claims. (See Mot., ECF No. 12, PageID.3386-3392.) On August 3, 2020, the Court granted Brown’s motion, but conditioned the stay on Brown presenting his unexhausted claims to the state trial court no later than December 14, 2020. (See Order, ECF No. 13, PageID.3507.)

On November 30, 2020, Brown moved for a 30-day extension of time to comply with the Court’s order. (See Mot., ECF No. 14.) On December 15, 2020, the Court granted Brown’s motion and ordered him to present his unexhausted claims to the state court by January 14, 2021. (See Order, ECF No.15, PageID. 3513). On March 8, 2021, Brown filed another request for an extension of time. (See Request, ECF No. 16.) He alleges that the prison where he is incarcerated has not been operating normally due to an outbreak of COVID-19 and that he has had no access to the prison law library. (See id., PageID.3515.)

Given the difficult and unusual circumstances arising from COVID-19, the Court believes that Petitioner should be given another extension of time to present his unexhausted claims to the state trial court. Accordingly, IT IS ORDERED that Brown’s request for an extension of time, ECF No. 16, is GRANTED. Brown shall have sixty (60) days from the date of this order to submit his unexhausted claims to the state trial court.

IT IS FURTHER ORDERED that, if Brown is unsuccessful in the state trial court and in the State’s appellate courts, he shall have ninety (90) days after exhausting state remedies to file an amended habeas corpus petition and a motion to re-open this case. Any failure to comply with the conditions set forth in this order could result in the Court dismissing the habeas petition or ruling on only Brown’s currently exhausted claims. See Calhoun v. Bergh, 769 F.3d 409, 411 (6th Cir. 2014).

IT IS SO ORDERED.

/s/Matthew F. Leitman

MATTHEW F. LEITMAN

UNITED STATES DISTRICT JUDGE

Dated: April 5, 2021

I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on April 5, 2021, by electronic means and/or ordinary mail. s/Holly A. Monda

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